Expedited proceedings on the merits (procédure accélérée au fond)

Expedited proceedings on the merits (procédure accélérée au fond) are adversarial proceedings that make it possible to obtain a swift decision on the merits, in cases where a statutory provision so provides. Introduced by the Ordinance of 17 July 2019 and applicable since 1 January 2020, they replaced the former procedure known as “en la forme des référés” (in the form of summary proceedings). Article 481-1 of the French Code of Civil Procedure sets out the applicable rules.

Rules of the procedure

The claim is brought by writ of summons to a hearing held on the day and at the time set aside for that purpose, and the court is seised by filing a copy of the writ with the registry before that date. The judge rules on the merits and the decision has res judicata effect in respect of the dispute it decides. It is provisionally enforceable, unless otherwise ordered, and the time limit for appeal is fifteen days. The judge may refer the case to a panel of judges where its complexity so warrants.

Difference from summary proceedings

Unlike summary proceedings (référé), expedited proceedings on the merits require neither urgency nor the absence of a serious dispute, and they lead to a decision that is not confined to provisional measures. They are not, however, a general remedy. They are available only where a statutory or regulatory provision expressly refers to them, which should be checked before issuing a writ. They borrow speed from summary proceedings and the stability of the decision from proceedings on the merits.

Uses in intellectual property

In copyright and related rights, Article L. 336-2 of the French Intellectual Property Code allows the president of the judicial court, ruling under this procedure, to order any measure capable of preventing or bringing to an end an infringement caused by the content of an online public communication service, in particular the blocking and delisting of websites. The measures may be directed at any person capable of helping to remedy the infringement, such as internet access providers or search engines. The procedure does not replace the infringement action, which remains the route to compensation for the harm suffered.

Key points

Expedited proceedings on the merits offer the speed of summary proceedings with the authority of a decision on the merits. First check that a provision makes them available for the intended claim, then prepare a complete file, since the judge decides the matter definitively. As the decision is provisionally enforceable by operation of law and the time limit for appeal is only fifteen days, the appeal strategy must be settled without delay, taking provisional enforcement into account.

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This glossary entry is general in scope and does not constitute legal advice.

Dhenne Avocats litigates patent disputes before the Paris Judicial Court, the Paris Court of Appeal and the Unified Patent Court. Where the question arises in a real case, the useful moment is almost always before proceedings are issued.

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